37 U.S.C. § 334 — Special aviation incentive pay and bonus authorities for officers

The Secretary concerned^* may pay aviation incentive pay under this section to an officer of a uniformed service who—

The Secretary concerned may pay aviation incentive pay under this section to an officer who is otherwise qualified for such pay but who is not currently engaged in the performance of operational flying duty or proficiency flying duty if the Secretary determines, under regulations prescribed under section 374 of this title, that payment of aviation incentive pay to that officer is in the best interests of the service.

is entitled to aviation incentive pay under subsection (a);

has completed any active duty^* service commitment incurred for undergraduate aviator training or is within one year of completing such commitment;

executes a written agreement to remain on active duty in a regular component or to serve in an active status in a reserve component^*, or, in the case of an officer of the Space Force, to remain in space force active status^* in aviation service for at least one year; and

meets such other criteria as the Secretary concerned determines appropriate.

The Secretary concerned shall determine the amount of a bonus or incentive pay to be paid under this section, except that—

A bonus under this section may be paid in a lump sum or in periodic installments, as determined by the Secretary concerned.

Upon acceptance by the Secretary concerned of the written agreement required by subsection (d), the total amount of the bonus to be paid under the agreement shall be fixed.

the amount of the bonus;

the method of payment of the bonus under subsection (c)(2);

the period of obligated service; and

the type or conditions of the service.

Aviation incentive pay paid to an officer under subsection (a) shall be in addition to any other pay and allowance to which the officer is entitled, except that an officer may not receive a payment under such subsection and section 351(a)(2) or 353(a) of this title for the same skill and period of service.

An aviation bonus paid to an officer under subsection (b) shall be in addition to any other pay and allowance to which the officer is entitled, except that an officer may not receive a bonus payment under such subsection and section 332 or 353(b) of this title for the same skill and period of service.

The term “aviation service” means service performed by an officer while holding an aeronautical rating or designation or while in training to receive an aeronautical rating or designation.

The term “operational flying duty” means flying performed under competent orders by rated or designated officers while serving in assignments in which basic flying skills normally are maintained in the performance of assigned duties as determined by the Secretary concerned, and flying performed by members in training that leads to the award of an aeronautical rating or designation.

The term “proficiency flying duty” means flying performed under competent orders by rated or designated officers while serving in assignments in which such skills would normally not be maintained in the performance of assigned duties.

The term “officer” includes an individual enlisted and designated as an aviation cadet under section 8411 of title 10.